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2025 DAILYLAW 94358 (PNJ)

PHULJHARI DEVI v. STATE OF PUNJAB AND OTHERS

CWP/24708/2025 · 2025-08-25

Kuldeep Tiwari

body2025

Judgment text

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124 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-24708-2025 Date of Decision : 25.08.2025 PHULJHARI DEVI .....Petitioner VERSUS STATE OF PUNJAB AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Tahar Bains, Advocate, for the petitioner. Mr. Sahil R. Bakshi, AAG, Punjab. KULDEEP TIWARI, J.(Oral) 1. Through the instant writ petition filed under Article 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus upon respondents to grant the petitioner the benefit of Family Pension on account of the services rendered by her husband. 2. Learned counsel for the petitioner submits that the grievance of the present petitioner, has not been redressed, despite issuance of a legal notice dated 18.11.2024 (Annexure P-6), as well as several reminders, sent to the respondents. 3. He further submits that the petitioner is entitled for a family pension on account of the services rendered by her husband, specifically, in the light of the fact that a similarly situated widow, who approached this Court in CWP-12047-2021 titled as “Sudesh Kumari vs. State of Punjab” has been extended the same relief of Family Pension. DHARAM VIR 2025.08.25 18:17 I attest to the accuracy and integrity of this document CWP-24708-2025 -2- 4. Notice of motion. 5. Mr. Sahil R. Bakshi, AAG, Punjab, accepts notice on behalf of respondent-State and waives service. 6. He submits that the prayer, as made through the instant petition appears to be bona fide, and he has no objection in case mandamus is passed upon the authority concerned, to take a final decision on the legal notice (supra) of the petitioner, in a time bound manner. 7. In view of the above, and without expressing any opinion on the merits of the case, or on the petitioner’s entitlement to family pension, this Court, disposes of, the present petition with a direction to respondent no.2 to consider, and decide the legal notice dated 18.11.2024 (Annexure P-6), as submitted by the petitioner, within a period of six weeks from the date of receipt of a certified copy of this order. Prior to passing any appropriate order, respondent no.2 shall afford an opportunity of hearing to the petitioner. 8. It goes without saying that in case the respondent no.2, finds the petitioner is entitled for the Family Pension, the same shall forthwith be released to her within a period of 04 weeks, thereafter. (KULDEEP TIWARI) August 25, 2025 JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DHARAM VIR 2025.08.25 18:17 I attest to the accuracy and integrity of this document